What is the test for dismissing a criminal action "in furtherance of justice"?
California, United States of America
The following excerpt is from People v. Borjas, 2d Crim. No. B263232 (Cal. App. 2016):
"Penal Code section 1385, subdivision (a), authorizes a trial court to dismiss a criminal action 'in furtherance of justice' on its own motion." (People v. Superior Court (Romero) (1996) 13 Cal.4th 497, 504.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
What is the test for dismissing criminal charges in the furtherance of justice? (California, United States of America)
Can a court strike or dismiss an action in the furtherance of justice? (California, United States of America)
What is the legal test for dismissing an action in furtherance of justice? (California, United States of America)
Can a motion to dismiss a criminal case be dismissed under section 1387, subdivision (a) of the California Criminal Code? (California, United States of America)
Is a motion to dismiss an action under section 1385 of the California Penal Code "in furtherance of justice" valid? (California, United States of America)
Does a voluntary dismissal of an action result in a judgment in the absence of a defendant as to whom the action was dismissed? (California, United States of America)
Does a voluntary dismissal of an action result in a judgment in the absence of a defendant as to whom the action was dismissed? (California, United States of America)
What is the test for damages for malicious prosecution where an underlying criminal charge was dismissed in the furtherance of justice? (California, United States of America)
Can a motion to dismiss an allegation under section F)(2 of the California Family Law Act be dismissed in furtherance of justice? (California, United States of America)
